N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.6 - Notices of completion of draft EIS's and circulation, filing and availability thereof; circulation, filing and availability of draft EIS's; public hear
(a) Notices of
completion of draft EIS's. Upon the completion of a draft EIS, the authority
shall immediately prepare, file and make available for public inspection a
notice of completion as provided in paragraphs (1), (2) and (3) of this
subdivision.
(1) Contents of notices of
completion. All notices of completion shall contain the following:
(i) an action identifying number or
name;
(ii) a brief description of
the action;
(iii) the location of
the action and its potential impacts and effects (county and city, town,
village); and
(iv) a statement that
comments on the draft EIS are requested and will be received and considered by
the authority at its office. The notice shall specify the public review and
comment period on the draft EIS, which shall be for not less than 30 calendar
days from the date of filing and circulation of the notice or not less than 10
calendar days following any public hearing on the draft EIS.
(2) Circulation notices of
completion. All notices of completion shall be circulated to the following:
(i) all other agencies involved in the
action;
(ii) all persons who have
requested it;
(iii) the editor of
the State Bulletin;
(iv) the State
Clearing House;
(v) the appropriate
regional clearing house designated under the Federal Office of Management and
Budget circular A-95.
(3) Filing notices of completion. All notices
of completion shall be filed as follows:
(i)
with the Commissioner of Environmental Conservation;
(ii) with the appropriate regional office of
the Department of Environmental Conservation;
(iii) with the county clerk whose
jurisdiction most closely coincides with that of the lead agency;
(iv) with and made available for public
inspection at the office of the authority.
(b) Filing and making available draft EIS's.
All draft EIS's prepared by or at the request of the authority shall be filed
as follows:
(1) with the Commissioner of
Environmental Conservation;
(2)
with the appropriate regional office of the Department of Environmental
Conservation;
(3) with the county
clerk whose jurisdiction most closely coincides with that of the lead
agency;
(4) with and made available
for public inspection at the office of the authority.
(c) Public hearings on draft EIS's and
notices thereof.
(1) Upon the completion of a
draft EIS, the authority shall determine whether or not to conduct a public
hearing on the draft EIS. Under no circumstances shall a public hearing be
mandatory, but may be held at the sole discretion of the authority. In making
this determination, the authority may consider the requirements for hearings
specified by other statutes or regulations, the degree of interest in the
action shown or anticipated on the part of the public or other agencies, the
magnitude of the action and its effects, the extent to which a public hearing
can aid the authority's decision making. Wherever practicable a OCWA-EQ
regulation public hearing shall be made part of or held in conjunction with
other public hearings on the action as may be conducted by the authority or
other agencies.
(2) If a hearing is
to be held, notice thereof may be contained in the notice of completion or, if
not so contained, shall be given in the same manner in which the notice of
completion is sent filed and circulated pursuant to subdivision (a) of this
section. In either case the notice of hearing shall also be published at least
10 calendar days in advance of the public hearing in a newspaper of general
circulation in the area of the potential impacts and effects of the
action.
(3) The hearing shall
commence no less than 15 calendar days or more than 60 calendar days after the
filing of the draft EIS pursuant to subdivision (b), of section
3050.6 of this Part except as the
agency may otherwise provide where it determines that additional time is
necessary for public or other agency review of the draft EIS or where a
different hearing date is required as appropriate under applicable statute or
regulation.
Notes
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